Potter v. Lembo

The respondent Lembo appeals from a final decree based on findings of fact made by a judge of the Probate Court. The pertinent findings follow. Alma M. Mosher died intestate owning an undivided one-third interest in real estate in Westport. Her son *882and only heir, Roscoe E. Pettey, engaged the petitioners (a partnership) as undertakers for the funeral and burial of his mother. He was appointed administrator of his mother’s estate on January 2, 1970. While he was hospitalized in New Jersey, by a deed executed on December 23, 1970, and recorded on January 7, 1971, Pettey conveyed the real estate…